Page 46 - JUSTICE Tackling Racial Injustice - Children and the Youth Justice System

and/or motive. 134 However, in practice, we consider that there are frequent
instances of prosecutors deploying such evidence with insufficient care. 135

2.48 While evidence of inclusion on the GVM may be relevant, for the reasons set
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out above, the basis for inclusion on the GVM can often be flawed and weak.
The introduction of such ‘intelligence’ into a trial can have an adverse effect
on the fairness of proceedings. In such a case, “the court ought not to admit
it”. 137 In light of the opaque way in which individuals are added to the GVM,
it is vital that decisions to use it as evidence are made with sufficient care.
When provided with evidence of an individual’s inclusion on the GVM,
prosecutors should ask to review the underlying data that triggered the
inclusion. Further, if adduced in court (including for bail applications and
injunctions), this information should be disclosed as a matter of course.

2.49 The CPS’ recently published guidance ‘Decision making in “gang” related
offences’ seeks to address this. It identifies the negative connotations of the
term “gang” and states that that the term “gang” also disproportionately affects
minority ethic people. It states that for these reasons, prosecutors must not the

they must show that they have suffered ‘substantial injustice’, a hurdle that is too high for many.
JENGbA and other organisations continue to campaign for the law to improve.
134 Evidence of gang membership is usually admitted as bad character evidence under gateway (d) of
section 101(1) of the Criminal Justice Act 2003. This allows evidence that is “relevant to an important
matter in issue between the defendant and the prosecution.
135 Examination of this issue has recently been reported by the BBC. See S. Swann, “Drill and rap music
on trial’ BBC, 13 January 2021.See also P. Williams and B. Clarke, Dangerous associations: Joint
enterprise, gangs and racism, (Centre for Crime and Justice Studies, 2016).

136 In one incident, a crime report without evidence stated that an individual was a gang member. This
crime report was then used by another officer to support their decision to include the individual on the
GVM, see note Amnesty International, Trapped in the Matrix, (2018), p. 11.
137 Section 101(3) CJA 2003. Lewis & ors v R [2014] EWCA Crim 48, para 82: When considering
relevance, the court must ask itself the following questions:
a) Is the evidence relevant to an important matter in issue between the defendant and the
prosecution?
b) Is there proper evidence of the existence and nature of the gang or gangs?
c) Does the evidence, if accepted, go to show the defendant was a member of or associated
with a gang or gangs which exhibited [behaviour or beliefs relevant to the case at hand]?
d) If the evidence is admitted, will it have such an adverse effect on the fairness of proceedings
that it ought to be excluded?

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